Negligence or Criminal Activity? Prosecution for Unnecessary or Negligent Care

Healthcare providers are being subjected to criminal charges resulting from actions which historically have been treated as civil negligence. Criminal cases differ from the civil cases we are accustomed to managing, and different claims management approaches are required. Risk professionals also need to understand the limits on insurance coverage for these types of claims in order to effectively manage the enterprise risks posed by these exposures.

As part of an enterprise risk program, risk professionals need to understand the potential criminal exposures arising from provision of care. Identifying your organization's exposure and making sure you have a plan to handle these claims is part of an enterprise risk mitigation plan. Assessing your insurance coverage will help you ensure you don't have gaps in coverage which will leave your organization vulnerable to loss from these claims.

Apply the steps required to manage a criminal claim based on provision of care

Rebecca Cady is Vice President, Chief Risk Officer at Children's National Medical Center in Washington, D.C. Rebecca is a 1988 Bachelor of Science in Nursing graduate of Georgetown University, and a 1995 graduate of the University of San Diego School of Law. She practiced in various areas of womens' health nursing through the time of her law school graduation. Prior to becoming Deputy Risk Counsel at CNMC, Rebecca was a partner at Grace, Hollis, Lowe, Hanson and Schaeffer, a California law firm, where she represented physicians and healthcare facilities in malpractice litigation, and represented physicians and nurses in licensure matters. She has published extensively in the area of nursing and the law, and is a frequent lecturer to healthcare providers. She was Editor in Chief of the Journal of Nursing Administration's Healthcare Law, Ethics, and Regulation from 2002-2013.

Continuing Education Credits

ASHRM/CPHRM Renewal This program is approved for a total of 1.0 contact hour of Continuing Education Credit toward fulfillment of the requirements of ASHRM designations of FASHRM (Fellow) and DFASHRM (Distinguished Fellow), and toward CPHRM renewal.

American Nurses Credentialing Center (CNE) American Society for Healthcare Risk Management is accredited as a provider of continuing nursing education by the American Nurses Credentialing Center's Commission on Accreditation. This CNE activity is being offered for 1.0 contact hour. Contact Grecelda Buchanan at 312-422-3984 for more information. The planning committee and speakers have no conflict of interest to disclose.

CEs for you, the Primary Registrant – included in the registration cost The process for earning CEs is the same, with an additional step of “claiming” CEs.

Participate in the webinar.

Complete the evaluation within two weeks of the webinar (in ASHRM U).

Click the “Claim” button.

Instead of waiting to receive your certificate by email, you will have access to it via your transcript in ASHRM U immediately and for as long as you have an active ASHRM account.

CEs for Additional Participants - $19 member, $99 nonmember The webinar course is linked to your ASHRM account, so you are the only one eligible to earn CEs via registering for the webinar and completing the requirements. If you have additional participants, however, they are eligible to purchase CEs within two weeks of the webinar so long as the following three conditions are met WITHIN TWO WEEKS OF THE WEBINAR:

The additional participants (who must be listed on the submitted Sign in Sheet) purchase CEs and complete the evaluation.

Verification of Participation/Successful Completion Live Webinars: CEs are awarded after verification of an individual’s full attendance and successful completion of an online evaluation form (evaluation link provided with handout materials).

For CE certificates, each attendee must provide their NAME or ASHRM MEMBER ID# and EMAIL address.

Contact Grecelda Buchanan at 312-422-3984 for more information.

Cancellation PolicyRegistration fees, minus a 50 percent cancellation fee, are refundable only if written notice is postmarked no later than 10 business days before the session date. All cancellation and refund requests must be made in writing to: ASHRM, 155 N. Wacker Drive, Suite 400, Chicago, IL 60606; or fax 312-422-4580.